Utah Notice of Garnishment and Exemptions

State:
Utah
Control #:
UT-SKU-0369
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PDF
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Notice of Garnishment and Exemptions

The Utah Notice of Garnishment and Exemptions is a document issued by the court when a creditor has won a judgment against a debtor, allowing them to garnish the debtor's wages in order to satisfy the debt. The Notice of Garnishment outlines the amount of wages that may be garnished, the frequency of garnishment, and the exemptions available to the debtor. There are two types of Utah Notice of Garnishment and Exemptions: prejudgment and post-judgment. A pre-judgment Notice of Garnishment and Exemptions is issued prior to judgment and describes the exemptions available to the debtor based on Utah law. A post-judgment Notice of Garnishment and Exemptions is issued after judgment and outlines the amount of wages that may be garnished based on the terms of the judgment. The Notice of Garnishment and Exemptions also outlines the procedures for the debtor to claim any applicable exemptions.

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FAQ

Rule 64D - Writ of Garnishment (a) Availability. A writ of garnishment is available to seize property of the defendant in the possession or under the control of a person other than the defendant. A writ of garnishment is available after final judgment or after the claim has been filed and prior to judgment.

Limits on Wage Garnishment in Utah In Utah, the most a creditor can garnish from your wages is: 25% of your disposable earnings for that pay period. the amount by which your disposable earnings for the week exceed 30 times the federal minimum hourly wage, or.

Fees for writ of garnishment -- Single or continuing. $25 for a continuing garnishment. The creditor shall pay the fee directly to the garnishee.

Your wages can be garnished until the debt is paid. A writ of continuing garnishment is effective for one year after the date it was served, or for 120 calendar days if another writ of continuing garnishment is served. If the writ expires, the creditor can request a new one.

Filing for bankruptcy can be an effective way to stop or prevent a wage garnishment. When your attorney files a Utah bankruptcy case, an automatic stay kicks in. The automatic stay acts like a court order that puts an immediate halt to garnishments and most other creditor collection actions.

Filing for bankruptcy can be an effective way to stop or prevent a wage garnishment. When your attorney files a Utah bankruptcy case, an automatic stay kicks in. The automatic stay acts like a court order that puts an immediate halt to garnishments and most other creditor collection actions.

Up to $1000 in fines and serve up to 30 days in jail (district court); up to $500 in fines and serve up to 5 days in jail (justice court); the full amount of the judgment, court costs, and attorney's fees.

You can stop wage garnishment in Utah by claiming an exemption, paying off the amount owed, or filing for bankruptcy protection. You may be able to pay the full amount you owe in a lump sum or over time through wage garnishment.

More info

Such wages, money, and property are exempt from garnishment. The major exemptions are listed below on the form for Claim of Exemption and Request for Hearing.File a claim for exemptions and request for a court hearing. The Claim must be filed with the court and sent to the bank's attorney as well. I claim exemptions from garnishment under the following categories as checked: _____ 1. Some examples of exempt property appear later in this notice. The notice will also tell you that some of your money may be exempt from garnishment. 642.19. Docket to show garnishments. 642.20. Appeal. 642.21. Exemption from net earnings. 642.22. (Wage Garnishment—Enforcement of Judgment). 1.

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Utah Notice of Garnishment and Exemptions